Skip to main content Accessibility help
×
Home
Hostname: page-component-55597f9d44-2qt69 Total loading time: 0.554 Render date: 2022-08-10T12:49:04.621Z Has data issue: true Feature Flags: { "shouldUseShareProductTool": true, "shouldUseHypothesis": true, "isUnsiloEnabled": true, "useRatesEcommerce": false, "useNewApi": true } hasContentIssue true

3 - Common Template, Diverse Agendas

The Futility (and Danger) of Legislating for the World

from Part I - The Globalization of Anti-Terrorism Law: Theoretical Frameworks

Published online by Cambridge University Press:  01 July 2021

Arianna Vedaschi
Affiliation:
Università Commerciale Luigi Bocconi, Milan
Kim Lane Scheppele
Affiliation:
Princeton University, New Jersey
Get access

Summary

This chapter addresses the expanding legislative role of the Security Council and expresses significant concerns arising from that trend. The author argues that the Security Council’s ambition to “legislate for the world” – which is manifestly evident in resolutions aimed at tackling the phenomenon of foreign fighters – may pave the way for abusive practices and human rights violations. The author’s apprehension originates from the fact that countries where democratic institutions are weak or even totally lacking often exploit the need to tackle international terrorism as a legitimate excuse to curb political opposition or any kind of view that differs from that of the regime in power. To support this claim, the cases of Belarus and of Ukraine, as far as the implementation of Security Council Resolution 2178/2014 is concerned, are taken into considerations. In these two countries, directions coming from the international level to criminalize foreign terrorist fighters and all the activities aimed at supporting them coincided in time with the most intensive phase of Crimean crisis. As a consequence, Resolution 2178/2014 was interpreted as an easy-to-take shortcut to prosecute pro-Russian forces in Crimea by labelling them as “terrorists”. Hence, universalizing counter-terrorism measures, as the Security Council has been trying to do since at least the 9/11 events, is potentially dangerous since the same provisions are directed to countries with patently different political, social and historical backgrounds, and the Security Council is not totally able to manage states’ choices once the resolution reaches the implementation stage.

Type
Chapter
Information
9/11 and the Rise of Global Anti-Terrorism Law
How the UN Security Council Rules the World
, pp. 56 - 79
Publisher: Cambridge University Press
Print publication year: 2021

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×